Bombay High Court
M/S. Shree Durga Trading Co vs Ateeq Anwar Agboatwala And Ors on 4 March, 2020
Author: A. S. Gadkari
Bench: A. S. Gadkari
21-cra-564-2019.doc
Tandle
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 564 OF 2019
M/s. Shree Durga Trading Co. ... Applicant.
V/s
Ateeq Anwar Agboatwala and Ors. ... Respondents.
-------
Mr. R.A. Thorat, Sr. Advocat i/b Mr. Himanshu Kode for the Applicant.
Mr. Y. S. Jahagirdar, Sr. Advocate i/b Jaydeep Deo for the Respondents.
-------
CORAM : A. S. GADKARI, J.
DATE : 4th MARCH, 2020 P. C. :
1. Mr. Jahagirdar, learned Senior Counsel appearing for the respondents raised an objection and submitted that, in pursuance of Order dated 10th October 2019 granting leave to the applicant to carryout amendment, the applicants have incorporated paragraph Nos.(21-A), (21-C) and Ground Nos. (nn), (oo), (pp) and (qq) in the present Revision Application, which was not permitted and/or contemplated by the said Order.
2. Mr. Thorat, learned Senior Counsel appearing for the applicant submitted that, after Order dated 4th April 2018 passed by this Court, the suit property has been transferred in favour of Wakf Board.
Mr. Jahagirdar, learned Senior Counsel for the respondents submitted that, by Order dated 4th April 2018, this Court by exercising its 1/2 ::: Uploaded on - 09/03/2020 ::: Downloaded on - 07/06/2020 12:49:16 ::: 21-cra-564-2019.doc powers under Order 41, Rule 25 of the Code of Civil Procedure, called for additional findings as contemplated under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999 and while assailing the adverse findings recorded by the Appellate Court, the applicant herein can not be permitted to incorporate the aforestated amended grounds pertaining to the transfer of suit property to Wakf Board. He further submitted that, the respondent will file an application for striking off the grounds from present record.
3. In view thereof and at his request, stand over to 3 rd April 2020.
(A. S. GADKARI, J.) 2/2 ::: Uploaded on - 09/03/2020 ::: Downloaded on - 07/06/2020 12:49:16 :::